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MUNICIPAL CODE
FOREWORD
CHAPTER I GENERAL PROVISIONS AND ZONING
CHAPTER 1A CITY OF LOS ANGELES ZONING CODE
CHAPTER II* LICENSES, PERMITS, BUSINESS REGULATIONS
CHAPTER III PUBLIC HEALTH CODE
CHAPTER IV PUBLIC WELFARE
ARTICLE 1 DISORDERLY CONDUCT PLACES AND PUBLICATIONS
SEC. 41.14. INJURY TO PUBLIC PROPERTY.
SEC. 41.16. SNUFF - THROWING OF.
SEC. 41.17. LIBRARY BOOKS - RETENTION AFTER NOTICE.
SEC. 41.18. SITTING, LYING, OR SLEEPING OR STORING, USING, MAINTAINING, OR PLACING PERSONAL PROPERTY IN THE PUBLIC RIGHT-OF-WAY.
SEC. 41.19. PUBLIC ASSEMBLAGES - OBSTRUCTING ENTRANCE.
SEC. 41.20. CLOSURE OF STREETS.
SEC. 41.20.1. SPECIAL EVENT APPLICATION PROCESS AND DEFINITIONS.
SEC. 41.21. CUTTING INTO GASOLINE LINES PROHIBITED.
SEC. 41.22. LOITERING - RIVER BED.
SEC. 41.23. TRESPASS ON HOUSING AUTHORITY PROPERTY.
SEC. 41.24. TRESPASS ON PRIVATE PROPERTY.
SEC. 41.27. INTOXICATION.
SEC. 41.29. HAND ORGANS ON STREETS.
SEC. 41.30. SPITE FENCES.
SEC. 41.31. TREES - INJURY TO.
SEC. 41.32. THEATRES - SOUND AMPLIFIERS.
SEC. 41.33. LANDLORDS - DISTURBING TENANTS.
SEC. 41.34. PESTICIDES - NOTICE TO TENANTS.
SEC. 41.38. USE OF CERTAIN SIGNS ON VEHICLES PROHIBITED.
SEC. 41.39. STOWAWAYS - ENTRY A MISDEMEANOR.
SEC. 41.40. NOISE DUE TO CONSTRUCTION, EXCAVATION WORK - WHEN PROHIBITED.
SEC. 41.41. EVADING PAYMENT OF ADMISSION FEE.
SEC. 41.42. MUSIC REPRODUCING DEVICES - HOURS OF OPERATION.
SEC. 41.43. SELLING GOODS NEAR PRIVATE PARKS.
SEC. 41.43.1. DOOR TO DOOR SELLING OR SOLICITING.
SEC. 41.44. MINIATURE GOLF COURSES AND DRIVING FAIRWAYS.
SEC. 41.45. UNAUTHORIZED REMOVAL, USE OR POSSESSION OF SHOPPING CARTS.
SEC. 41.46. SIDEWALKS - CLEANING OF.
SEC. 41.47. WATER CLOSETS - USE OF.
SEC. 41.47.1. RESTROOM FACILITIES.
SEC. 41.47.2. URINATING OR DEFECATING IN PUBLIC.
SEC. 41.48. RESTAURANTS - MINIMUM LIGHT INTENSITY.
SEC. 41.49. HOTEL REGISTERS AND ROOM RENTALS.
SEC. 41.50. SMOKING PROHIBITED IN DESIGNATED AREAS.
41.50.1. USE OF SMOKELESS TOBACCO PROHIBITED AT EVENT SITES FOR ORGANIZED SPORTING EVENTS.
SEC. 41.50.5. SIGNAGE REGULATIONS FOR PLACES SUBJECT TO REGULATION PURSUANT TO LABOR CODE SECTION 6404.5.
SEC. 41.51. SMOKING IN ELEVATORS PROHIBITED.
SEC. 41.52. SMOKING IN BUSES.
SEC. 41.53. PUBLIC BATH HOUSES.
SEC. 41.54. FISHING WITHIN ONE MILE OF PUBLIC SEWER OUTLET.
SEC. 41.55. OIL - DISCHARGE IN OCEAN AND BEACHES.
SEC. 41.56. UNLAWFUL ACTIVITIES AT SPORTING EVENTS, THEATRICALS AND EXHIBITIONS.
SEC. 41.57. LOUD AND RAUCOUS NOISE PROHIBITED.
SEC. 41.58. LOUD PARTY SECOND RESPONSE FEE.
SEC. 41.58.1. LOUD OR UNRULY GATHERINGS.
SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.
SEC. 41.60. HOSPITALS; PATIENT TRANSPORT.
SEC. 41.70. NUISANCE ABATEMENT OF MOTOR VEHICLES USED IN THE COMMISSION OR ATTEMPTED COMMISSION OF AN ACT THAT VIOLATES CALIFORNIA PENAL CODE SECTION 266(h), OR 266(i), OR 374.3, OR 647(b).
SEC. 41.70.1. NUISANCE VEHICLES - CONTROLLED SUBSTANCES.
SEC. 41.70.2. NUISANCE VEHICLES - SPEED CONTESTS AND EXHIBITIONS OF SPEED.
SEC. 41.70.3. NUISANCE VEHICLES - ILLEGAL DUMPING.
SEC. 41.71. GANG-RELATED NUISANCE VEHICLE FORFEITURE.
SEC. 41.72. COUNTERFEIT GOODS NUISANCE ABATEMENT LAW.
ARTICLE 2 SOLICITING - SALES
ARTICLE 3 GAMBLING, FRAUD AND DECEIT*
ARTICLE 4 PHILANTHROPY
ARTICLE 4.5 BINGO
ARTICLE 5 MINORS
ARTICLE 5.1 MEDICAL MARIJUANA
ARTICLE 5.2 CANNABIS REGULATION AND ENFORCEMENT
ARTICLE 5.2.5 RESTRICTIONS ON SIGNS ADVERTISING TOBACCO PRODUCTS
ARTICLE 5.2.6 RESTRICTIONS ON SIGNS ADVERTISING ALCOHOLIC BEVERAGES
ARTICLE 5.3 TENANT ANTI-HARASSMENT ORDINANCE
ARTICLE 5.4 PROHIBITION AGAINST HARASSMENT AND RETALIATION IN HOUSING BASED ON IMMIGRATION OR CITIZENSHIP STATUS
ARTICLE 5.5 PROHIBITION AGAINST DISCRIMINATION IN HOUSING BASED ON AGE
ARTICLE 5.6 PROHIBITION AGAINST DISCRIMINATION BASED ON STUDENT STATUS
ARTICLE 5.6.1 PROTECTING AFFORDABLE HOUSING OPPORTUNITIES FOR PERSONS USING RENTAL ASSISTANCE OR OTHER SOURCES OF INCOME AS PAYMENT
ARTICLE 5.7 PROHIBITION OF DISCRIMINATION IN MOBILEHOME PARKS AGAINST OWNERS OF MOBILEHOMES BASED ON THE AGE OF THEIR MOBILEHOMES
ARTICLE 5.8 PROHIBITION AGAINST DISCRIMINATION BASED ON A PERSON SUFFERING FROM THE MEDICAL CONDITION AIDS, OR ANY MEDICAL SIGNS OR SYMPTOMS RELATED THERETO, OR ANY PERCEPTION THAT A PERSON IS SUFFERING FROM THE MEDICAL CONDITION AIDS WHETHER REAL OR IMAGINARY
ARTICLE 5.9 PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 5.10 PROHIBITION AGAINST HARASSMENT OF BICYCLISTS
ARTICLE 6 PRESERVATION OF PROTECTED TREES
ARTICLE 6.4 RESTRICTIONS ON BUTANE SALES
ARTICLE 6.5 REGULATION OF OVER-THE-COUNTER DRUGS
ARTICLE 6.6 BATH SALTS - SALE AND USE PROHIBITED
ARTICLE 6.7 LARGE-CAPACITY MAGAZINES - POSSESSION PROHIBITED
ARTICLE 6.7.1 SUICIDE PREVENTION SIGNS
ARTICLE 6.8 ALCOHOLIC BEVERAGES - WARNING SIGNS
ARTICLE 6.9 TOBACCO RETAILER’S PERMIT
ARTICLE 7 MISCELLANEOUS
ARTICLE 7.1 RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
ARTICLE 7.2 MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 8 MUNICIPAL LOBBYING
ARTICLE 9 STATEMENTS OF CITY RELATED BUSINESS
ARTICLE 9.5 MUNICIPAL ETHICS AND CONFLICTS OF INTEREST
ARTICLE 9.7 CAMPAIGN FINANCING
ARTICLE 11 MUNICIPAL MASS MAILINGS
ARTICLE 12 DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
ARTICLE 13 PROHIBITION ON THE MANUFACTURE, SALE, AND
ARTICLE 14 GRAFFITI REMOVAL AND RECOVERY
ARTICLE 14.05 TEMPORARY PROTECTION OF OCCUPANTS OF SELF-SERVICE STORAGE FACILITIES DURING COVID-19 PANDEMIC
ARTICLE 14.1 EVICTION OF TENANTS FROM FORECLOSED RESIDENTIAL RENTAL PROPERTIES
ARTICLE 14.5 TEMPORARY PROHIBITION OF NO-FAULT EVICTIONS
ARTICLE 14.6 TEMPORARY PROTECTION OF TENANTS DURING COVID-19 PANDEMIC
ARTICLE 15 URGENT REPAIR PROGRAM
ARTICLE 16 CIVIL AND HUMAN RIGHTS LAW
ARTICLE 17 PET OWNERSHIP IN PUBLICLY-FINANCED HOUSING DEVELOPMENTS
ARTICLE 18 EVICTIONS BASED ON INTENT TO SUBSTANTIALLY REMODEL RESIDENTIAL RENTAL PROPERTIES
ARTICLE 19 REPLACEMENT OBLIGATIONS AND OCCUPANT PROTECTIONS REQUIRED FOR NEW HOUSING DEVELOPMENT PROJECTS
ARTICLE 20 HOTEL DEVELOPMENT REPLACEMENT HOUSING
ARTICLE 21 VOLUNTARY HOUSING PROGRAM
CHAPTER V PUBLIC SAFETY AND PROTECTION
CHAPTER VI PUBLIC WORKS AND PROPERTY
CHAPTER VII TRANSPORTATION
CHAPTER VIII TRAFFIC
CHAPTER IX BUILDING REGULATIONS
CHAPTER X BUSINESS REGULATIONS
CHAPTER XI NOISE REGULATION
CHAPTER XII THE WATER CONSERVATION PLAN OF THE CITY OF LOS ANGELES
CHAPTER XIII THE EMERGENCY ENERGY CURTAILMENT PLAN OF THE CITY OF LOS ANGELES
CHAPTER XV RENT STABILIZATION ORDINANCE
CHAPTER XVI HOUSING REGULATIONS
CHAPTER XVII RULES AND REGULATIONS GOVERNING THE USE OF THE LOS ANGELES AIRPORTS
CHAPTER XVIII EMPLOYEE WAGES AND PROTECTIONS
CHAPTER XIX ENVIRONMENTAL PROTECTION
CHAPTER XX COVID-19 PROTECTION AND RECOVERY*
TABLES
Los Angeles Planning and Zoning
Chapter 1A City of Los Angeles Zoning Code
Table of Amending Legislation for Chapter 1A
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SEC. 41.54. FISHING WITHIN ONE MILE OF PUBLIC SEWER OUTLET.
   (Added by Ord. No. 127,508, Eff. 6/29/64.)
 
   (a)   It shall be unlawful for any person to catch or take by means of any line, hook, seine, net or by any other means or device, any fish in or from any water within one mile from the outlet or point of discharge of any public sewer.
 
   (b)   It shall be unlawful for any person to sell, offer, or expose for sale, in the City of Los Angeles any fish caught in or taken from any water within a distance of one mile from the outlet or point of discharge of any public sewer.
 
 
SEC. 41.55. OIL – DISCHARGE IN OCEAN AND BEACHES.
   (Added by Ord. No. 127,508, Eff. 6/29/64.)
 
   No person shall discharge from any boat, vessel, ship or barge any ballast water, bilge water or waste water containing, or contaminated with, any crude petroleum, refined petroleum, engine oil, fuel oil or oily by-products within the City, unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks or other receptacles.
 
 
SEC. 41.56. UNLAWFUL ACTIVITIES AT SPORTING EVENTS, THEATRICALS AND EXHIBITIONS.
   (Added by Ord. No. 134,080, Eff. 3/14/67.)
 
   (a)   It shall be unlawful for any person at any stadium, auditorium, sports arena, playing field, theater, race track, skating rink, fair, or other place where sporting events, theatricals, or exhibitions are held:
 
   (1)   to leave the area or areas set aside for spectators and enter upon the grounds, field, stage, floor, or any other area set apart for the participants, performers, officials, attendants or service personnel, unless authorized so to do by an usher or by an authorized representative of the sponsor of the event or;
 
   (2)   to commit any act which delays the event or interferes with the participants, performers, officials, attendants, service personnel or spectators at any such event or;
 
   (3)   to intentionally throw, discharge, launch or spill any solid or liquid substance or object, or otherwise intentionally cause such substance or object to be thrown, discharged, launched, spilled or to become airborne, unless such person is a duly authorized participant, performer, official, attendant, service personnel or peace officer acting within the course and scope of such person’s employment or duty. (Amended by Ord. No. 160,223, Eff. 8/2/85.)
 
   (b)   No person shall enter any place or area for which a ticket, pass or admission charge is required;
 
   (1)   without having in their possession a valid ticket or pass and presenting such ticket or pass to an usher or authorized representative of the sponsor of the event when requested so to do or;
 
   (2)   without first having paid the price of admission, unless otherwise duly authorized to enter such place or area or;
 
   (3)   by fraudulently evading or attempting to evade the payment of the price of admission thereto.
 
   (c)   No person entering any place or area described in Subsection (b), other than the holder of a valid ticket or pass designating the seat or space reserved or assigned, shall occupy any reserved or assigned seat or space. No person shall refuse to vacate a seat or space not assigned or reserved by the ticket or pass the person holds when requested to do so by the holder of the ticket or pass for said seat or space, by an usher, or by an authorized representative of the sponsor of the event.
 
 
SEC. 41.57. LOUD AND RAUCOUS NOISE PROHIBITED.
   (Added by Ord. No. 140,731, Eff. 8/24/70.)
 
   (a)   It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound making or sound amplifying device in the person’s possession or under the person’s control.
 
   (1)   upon any private property, or
 
   (2)   upon any public street alley, sidewalk or thoroughfare, or
 
   (3)   in or upon any public park or other public place or property.
 
   (b)   The words “loud and raucous noise” as used herein shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical, or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more of such places or areas.
 
   The word “unreasonably” as used herein shall include but not be limited to, consideration of the hour, place, nature, and circumstances of the emission or transmission of any such loud and raucous noise.
 
 
SEC. 41.58. LOUD PARTY SECOND RESPONSE FEE.
   (Title and Section amended by Ord. No. 167,133, Eff. 9/1/91.)
 
   (a)   Definitions.
 
   Unless the context or subject matter otherwise requires, terms defined herein shall have the following meaning when used in this section:
 
   1.   Board. The Board of Police Commissioners.
 
   2.   Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.) The Office of Finance of the City of Los Angeles.
 
   3.   Department. The Los Angeles Police Department.
 
   4.   First Response Notice. A notice issued by a police officer pursuant to this section advising a Responsible Person that a Loud Party is taking place and that the disturbance must cease.
 
   5.   Loud Party. Any party, gathering or event where a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare.
 
   6.   Responsible Person. The person or persons who own, lease, reside or is in charge of the premises where the Loud Party, takes place; or the person or persons who organized the Loud Party. If the Responsible Person is a minor, then the parents or guardians will also be considered a Responsible Party and be jointly and severally liable for the Second Response Service Fee imposed by this section.
 
   7.   Second Response Notice. A notice issued by a police officer pursuant to this section assessing a Second Response Services Fee for a second, or subsequent, response to a Loud Party.
 
   8.   Second Response Service Fee. A fee imposed pursuant to this section to recover Special Security Costs.
 
   9.   Special Security Assignment. The assignment of Department personnel and equipment during a second, or subsequent, response to a Loud Party after the issuing of a First Response Notice.
 
   10.   Special Security Costs. Costs of services provided by the Department associated with a Special Security Assignment which may include personnel and equipment costs, damage to City property and injuries to City personnel.
 
   (b)   Authorization to Assess a Second Response Service Fee.
 
   Whenever a Loud Party occurs, a police officer may issue a First Response Notice to a Responsible Person that the disturbance must cease. A second, or subsequent, response by a police officer, upon the issuing of a Second Response Notice, may result in the imposition of a Second Response Service Fee to recover Special Security Costs.
 
   (c)   Duties of Board.
 
   l.   The Board shall determine a Second Response Service Fee schedule, subject to approval by the City Council by order or resolution, which shall be based upon the existing Special Security Costs incurred by the Department.
 
   2.   The Board shall revise the Second Response Service Fee, subject to approval by the City Council by order of resolution, whenever Special Security Cost data developed by the Department requires adjustment in the Second Response Service Fee.
 
   3.   No fee imposed pursuant to this section is authorized until the Board has approved the Department’s implementation procedures, notices, and appeals procedures
 
   (d)   Duties of the Department.
 
   l.   The Department shall develop written procedures to provide for training and the uniform implementation of the Loud Party Second Response Fee Ordinance.
 
   2.   The Department shall develop a First Response Notice, a Second Response Notice, and any other form or document necessary to carry out the purposes of this section.
 
   3.   The Department shall develop a post Second Response Notice administrative appeal hearing procedure to determine whether the Second Response Service Fee was assessed to the proper Responsible Person or was properly issued. The hearing shall be held in the Division where the Second Response Notice was issued.
 
   (e)   Duties of the Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.)
 
   1.   The Office of Finance shall bill the Second Response Service Fee as reported by the Department. The bill shall be due and payable to the Office of Finance within fifteen days of the billing date.
 
   2.   If the Office of Finance determines for any billing that a discrepancy exists between the service fee paid and the amount billed which results in an underpayment or overpayment in an amount of three dollars or less, the Office of Finance may accept and record the billing as paid in full without other notification to the person billed.
 
   3.   If the Office of Finance determines that any amount of the service fee billed hereunder cannot be collected or that efforts to collect would be disproportionately costly in relation to the probable outcome of the collection efforts, the Office of Finance may prepare a report setting forth the findings and reasons therefor and request that the Board of Review authorize the removal of any unpaid amount from the active accounts receivable of the Department pursuant to Section 11.04 of this Code. Upon unanimous approval of the Board of Review, the Office of Finance may remove from the active accounts receivable any service fee owing. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the Office of Finance. Any removal, however, shall not preclude the Office of Finance from collecting or attempting to collect any such sum that later proves to be collectible as provided by Section 11.04.
 
   4.   At least monthly the Office of Finance shall report to the Department the outstanding accounts receivable, collections and service fee(s) written off.
 
 
SEC. 41.58.1. LOUD OR UNRULY GATHERINGS.
   (Added by Ord. No. 185,451, Eff. 4/15/18.)
 
   (a)   Definitions.
 
   1.   “Citation” means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code, unless otherwise specified.
 
   2.   “Enforcement Officer” shall have the same meaning as in Section 11.2.02 of this Code.
 
   3.   “Loud or Unruly Conduct”, as used in this section, includes any of the following conduct if in violation of any provision of this Code or State law:
 
   A.   Loud noise;
 
   B.   Obstruction of a street or public right- of-way, including a sidewalk;
 
   C.   Public intoxication or drinking in public;
 
   D.   The service of alcoholic beverages to minors;
 
   E.   Possession and/or consumption of alcohol by minors;
 
   F.   Assault, battery, fights, domestic violence or other disturbances of the peace;
 
   G.   The sale or service of alcoholic beverages without a required State license;
 
   H.   Vandalism or destruction of property;
 
   I.   Litter;
 
   J.   Urinating or defecating in public; or
 
   K.   Trespassing.
 
   4.   “Loud or Unruly Gathering” means a gathering of persons at any Residence where Loud or Unruly Conduct occurs at the Residence or within 500 feet of the Residence, and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.
 
   5.   “Minor” means any person under 21 years of age.
 
   6.   “Owner” means any person who owns the Residence where a Loud or Unruly Gathering occurs.
 
   7.   “Person” means an individual or any firm, association, organization, partnership, trust, business, corporation, company or entity.
 
   8.   “Residence” means any “residential building,” as that term is defined in Section 12.03 of this Code, and includes any garage, carport, walkway, yard, patio, deck, or other structure or area on the lot on which the residential building is located.
 
   9.   “Responsible Party” means:
 
   A.   Any person who rents, leases or otherwise is in charge of the Residence where a Loud or Unruly Gathering occurs; or
 
   B.   Any person who organizes or sponsors a Loud or Unruly Gathering at a Residence.
 
   (b)   Loud or Unruly Gatherings Prohibited. Loud or Unruly Gatherings are prohibited and shall constitute a public nuisance subjecting the Owner and/or Responsible Party to fines and/or penalties under this section. The City may abate a Loud or Unruly Gathering by all available means, including, but not limited to, an order of a peace officer requiring persons at the Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or the arrest of any person committing a criminal violation under this section or any other applicable State or local law.
 
   (c)   Posting of Notice Regarding a Loud or Unruly Gathering. An Enforcement Officer responding to a Loud or Unruly Gathering shall post or attach, on the front entrance of the Residence at which the Loud or Unruly Gathering occurs, a notice meeting the following requirements:
 
   1.   The notice shall state, at a minimum:
 
   A.   The name and agency of the Enforcement Officer who responded to the Loud or Unruly Gathering;
 
   B.   The address of the Residence and the date of the Loud or Unruly Gathering, along with a description of the Loud or Unruly conduct observed;
 
   C.   That Loud or Unruly Gatherings may result in the imposition of fines and/or penalties against any Responsible Party and/or Owner; and
 
   D.   It is unlawful to alter, tamper with or deface the notice, or remove it prior to 30 days from the date of the posting.
 
   2.   The notice shall be a minimum of 8 ½" x 11" in size, have black letters on contrasting background white or colored paper, and be made of durable laminated or other weather resistant material.
 
   (d)   Removal of Posted Notice Prohibited.
 
   1.   It shall be unlawful for any person to alter, tamper with or deface a posted notice described in Subdivision (c), or remove it prior to 30 days from the date of the posting.
 
   2.   If a posted notice is altered, tampered with, defaced, or removed prior to 30 days from the date of posting, the notice shall be replaced and a new 30-day posting period shall commence on the date of replacement.
 
   (e)   Notice to Owner. A copy of the notice posted pursuant to Subdivision (c) of this section shall be served on the Owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.
 
   (f)   Citation Issued to Owner Absent During the Loud or Unruly Gathering. An Owner not present during the Loud or Unruly Gathering may be issued a Citation for any subsequent violation of Subsection (b) after personal service of the notice in Subsection (e) or, if the notice is only mailed, ten (10) calendar days after the mailing of the notice to the Owner pursuant to Subsection (e). The Citation to the Owner not present during the Loud or Unruly Gathering may be issued by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.
 
   (g)   Citation. An Enforcement Officer may issue a Citation to the Owner and/or Responsible Party for a violation of Subsection (b) or (d) of this section.
 
   (h)   Fines and Penalties for Violations.
 
   1.   An Owner and/or Responsible Party issued a Citation in violation of Subsection (b) of this section shall be subject to the following fines:
 
   A.   An administrative fine of $100 for a first violation;
 
   B.   An administrative fine of $500 for a second violation;
 
   C.   An administrative fine of $1,000 for a third violation;
 
   D.   An administrative fine of $2,000 for a fourth violation;
 
   E.   An administrative fine of $4,000 for a fifth violation; and
 
   F.    An administrative fine of $8,000 for a sixth violation and $8,000 for each subsequent violation.
 
   G.   A violation occurring after a period of 12 consecutive months of no violations shall be considered a first violation.
 
A Responsible Party and/or Owner shall be subject to these escalating administrative fines for subsequent Loud or Unruly Gatherings even if at different Residences associated with the Responsible Party and/or owned by the Owner.
 
   2.   Fine for Removal of Posted Notice. Any person in violation of Subsection (d) of this section may be issued a Citation subject to an administrative fine of $500.
 
   (i)   Administrative Process Applicable to Citations. Unless otherwise specified herein, all Citations issued for violations of this section shall be subject to the provisions set forth in Article 1.2 of Chapter 1 of this Code, including, but not limited to, the administrative hearing and appeal process and the City’s authority to use any civil remedy available to collect any unpaid administrative fine.
 
   (j)   Criminal and Other Remedies Available. Any violation of Subsection (b) or (d) of this section may be prosecuted as a misdemeanor. In cases where the City Attorney elects to criminally prosecute a violation, the defendant shall be subject to all applicable penalties authorized by Section 11.00(m) of this Code, and not the administrative fines authorized by this section.
 
   (k)   Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalidated provisions, and to this end, the provisions of this section are declared to be severable.
 
 
SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.
   (Amended by Ord. No. 173,705, Eff. 1/27/01.)
 
   (a)   Definitions. For purposes of this section:
 
   (1)   “Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
 
   (2)   “Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
 
   (b)   Aggressive Solicitation prohibited.
 
   (1)   No person shall solicit, ask or beg in an aggressive manner in any public place.
 
   (2)   “Aggressive manner” shall mean any of the following:
 
   (A)   Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to
 
   (i)   fear bodily harm to oneself or to another, damage to or loss of property, or
 
   (ii)   otherwise be intimidated into giving money or other thing of value;
 
   (B)   Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
 
   (C)   Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
 
   (D)   Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;
 
   (E)   Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
 
   (F)   Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
 
   (c)   All solicitation prohibited at specified locations.
 
   (1)   Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that the person does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
 
   (A)   Definitions. For purposes of this section:
 
   (i)   “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
 
   (ii)   “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
 
   (iii)   “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
 
   (iv)   “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.
 
   (v)   “Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
 
   (vi)   “Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
 
   (B)   Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
 
   (2)   Parking lots. (Amended by Ord. No. 182,813, Eff. 12/10/13.)
 
   (A)   Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.
 
   (B)   Exemptions. Subdivision (c)(2) shall not apply to any of the following:
 
   (i)   to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;
 
   (ii)   to solicitations related to the lawful towing of a vehicle; or
 
   (iii)   to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
 
   (3)   Public transportation vehicles.
 
   (A)   “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
 
   (B)   Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.
 
   (d)   Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.
 
   (e)   Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.
 
   (f)   Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
 
 
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